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Digest of Sarkies Tours Philippines, Inc. v. CA (G.R. No. 108897)

Fatima boarded a bus operated by Sarkies Tours to travel from Manila to Legazpi City, bringing three pieces of luggage containing her personal and educational belongings. During a stop, it was discovered that two of her bags were missing from the luggage compartment of the bus. Fatima filed a case against Sarkies Tours, claiming they failed to exercise extraordinary diligence in caring for her luggage. The Supreme Court ruled that Sarkies Tours was liable as a common carrier is responsible for goods from receipt until delivery, and Fatima's bags were lost due to Sarkies Tours' negligence in securing the baggage compartment.

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Rafael Pangilinan
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1K views1 page

Digest of Sarkies Tours Philippines, Inc. v. CA (G.R. No. 108897)

Fatima boarded a bus operated by Sarkies Tours to travel from Manila to Legazpi City, bringing three pieces of luggage containing her personal and educational belongings. During a stop, it was discovered that two of her bags were missing from the luggage compartment of the bus. Fatima filed a case against Sarkies Tours, claiming they failed to exercise extraordinary diligence in caring for her luggage. The Supreme Court ruled that Sarkies Tours was liable as a common carrier is responsible for goods from receipt until delivery, and Fatima's bags were lost due to Sarkies Tours' negligence in securing the baggage compartment.

Uploaded by

Rafael Pangilinan
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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Sarkies Tours Philippines, Inc. v. CA, Elino Fortades, Marisol Fortades and Fatima Minerva Fortades G.R. No.

108897 October 2, 1997 Romero, J. FACTS: Fatima boarded Sarkies Tours bus in Manila on her way to Legazpi City. She had her 3 pieces of luggage containing all of her optometry review books, materials and equipment, trial lenses, trial contact lenses, passport and visa, as well as her mother Marisols U.S. immigration (green) card, among other important documents and personal belongings loaded in the bus luggage compartment. During a stopover at Daet, it was discovered that only one bag remained in the open compartment. The others, including Fatimas things, were missing and might have dropped along the way. Fatima filed an action against Sarkies Tours, claiming that the loss was due to its failure to observe extraordinary diligence in the care of her luggage and that Sarkies Tours dealt with them in bad faith from the start ISSUE: WON Sarkies Tours is liable HELD: Yes. Common carriers, from the nature of their business and for reasons of public policy, are bound to observe extraordinary diligence in the vigilance over the goods transported by them, and this liability lasts from the time the goods are unconditionally placed in the possession of, and received by the carrier for transportation until the same are delivered, actually or constructively, by the carrier to the person who has a right to receive them, unless the loss is due to any of the excepted causes under Art. 1734. The cause of the loss was Sarkies Tours negligence in not ensuring that the doors of the baggage compartment of its bus were securely fastened. As a result of this lack of care, almost all of the luggage was lost, to the prejudice of the paying passengers.

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